Johnson v. Noble
Supreme Court of Missouri
Jlppeal from Buchanan Court of Common Pleas. Petition for a partition of real estate by Levi Johnson, an infant, by his next friend, R. H. Wrinkle. A demurrer to the petition on tbe ground of the incapacity of the plaintiff to sue as a party plaintiff in a suit for partition was sustained.
1Opinion of the CourtScott, Judge
It is obvious, from the tenor of the plaintiff’s petition, that this is an attempt to do by means of the process in partition what can only be done by a direct proceeding, instituted for that purpose. The petition takes it for granted that, if a judgment for partition is rendered, it will result in a sale of the premises sought to be divided. No one can be blind to the selfish and interested motives which often prompt applications for the partition of lands, in which the rights of infants are concerned. Such applications usually terminate in a sale,, whereby their lands are sacrificed and…
2Cases cited1 opinion
- Gallatian v. CunninghamCourt for the Trial of Impeachments and Correction of Errors · 1826
3Cited by2 opinions
- Thornton v. ThorntonSupreme Court of Missouri · 1858
- Larned v. RenshawSupreme Court of Missouri · 1866